A. Grounds: Without prior notice to the owner of motor vehicle, a police officer may order a vehicle impounded until a person with right to possession of the vehicle complies with the conditions for release or the vehicle is ordered released by the Municipal Judge:
1. When the police officer reasonably believes that a person is driving an uninsured vehicle in violation of ORS 806.010.
2. When the police officer reasonably believes the driver's license of the person driving the vehicle is suspended or revoked under the terms of the Oregon Motor Vehicle Code.
3. When the police officer has arrested the driver for driving under the influence of intoxicants, unless a person who is entitled to lawful possession of the motor vehicle requests in writing that the motor vehicle be placed in the custody of a competent person present at the scene of the arrest.
4. When the vehicle is illegally parked on a public or private street in a conspicuously restricted space, zone or traffic lane where parking is limited or prohibited to designated classes of vehicles or periods of time, or at any time when the vehicle interferes with the intended use of such space, zone or traffic lane.
5. When the vehicle obstructs the entrance of any post office or postal station, or is within ten feet (10') of a private mailbox during the hours of delivery.
6. When the Municipal Judge orders the impoundment of a vehicle used in committing a traffic or parking violation for which an unserved warrant or citation is on file with the Municipal Court.
7. When the police officer reasonably believes the vehicle operator is driving without driving privileges in violation of the Oregon Vehicle Code, except where the operator's driver's license is invalid for the sole reason of being expired for less than one year.
8. When the police officer reasonably believes that a firearm has been discharged from the vehicle within the last forty eight (48) hours.
B. Impoundment Notice:
1. Notice: Written notice that the vehicle has been impounded along with an explanation of procedures for the vehicle's release shall be delivered to the operator, if present at the impound scene, and by certified mail within forty eight (48) hours of the removal, to the owners of the vehicle and any lessors or security interest holders as shown in the records of the Department of Transportation. The notice shall state that the vehicle has been taken into custody and shall give the location of the vehicle and describe procedures for release of the vehicle and for obtaining a hearing for its release. The 48-hour period under this subsection does not include holidays, Saturdays or Sundays.
2. Form Of Notice: Any notice given under this Section after a vehicle is taken into custody and removed shall state all of the following:
a. That the vehicle has been taken into custody and removed, that the vehicle has been impounded by the Police Department and the ordinance under which the vehicle has been impounded.
b. The location of the vehicle or the telephone number and address of the appropriate party that will provide that information.
c. That the vehicle is subject to towing and storage charges, including the amount for towing and the daily storage charges.
d. That the vehicle and its contents are subject to a lien for payment of the towing and storage charges and the vehicle and its contents will be sold to cover the charges if the charges are not paid by a date of time period specified in the notice.
e. That the owner, lawful possessor or person having a legal interest in the vehicle and its contents is entitled to a prompt hearing to contest the validity of taking the vehicle into custody and removing it and to contest the reasonableness of the charges for towing and storage if a hearing is requested.
f. The time within which a hearing must be requested and the method for requesting a hearing.
g. That the vehicle and its contents may be immediately reclaimed by presentation to the Police Department of satisfactory proof of ownership or right to possession and proof of liability insurance or other proof of compliance with financial responsibility requirements of the Oregon Vehicle Code, and payment of the towing and storage charges to the appropriate towing business or by depositing cash security or a bond equal to the charges with the Municipal Court. (Ord. 638, 2-6-1996)
C. Immediate Release: A vehicle impounded under subsection A of this Section shall be released to a person entitled to lawful possession upon proof of compliance with financial responsibility requirements for the vehicle, payment of the City impound fee and payment of any towing and storage charges. Proof shall be presented to the Police Department, which shall authorize the person storing the vehicle to release it upon payment of the charges. (Ord. 615, 3-1-1994)
D. Request For Hearing: A person entitled to lawful possession of or having a legal interest in a vehicle or its contents impounded under subsection A of Section 6-2-10 may request a hearing to contest the validity of the impoundment. An oral or written request must be made within five (5) business days of when notice of impoundment was mailed or delivered. The request shall be made to the Municipal Court. (Ord. 638, 2-6-1996)
E. Hearing Scheduled: When a timely request for a hearing is made, a hearing shall be held before the Municipal Judge. The hearing shall be set for four (4) calendar days after the request is received, excluding Saturdays, Sundays and holidays, but may be postponed at the request of the person asking for the hearing. If the person requesting the hearing does not appear at the scheduled hearing, the Municipal Judge may enter an order supporting the impound and assessment of the impound fee and the towing and storage cost.
F. Proof At Hearing: The Chief of Police shall have the burden of proving by a preponderance of the evidence that there were reasonable grounds for impounding the vehicle in violation of subsection A of this Section. The police officer who ordered the vehicle impounded may submit an affidavit to the Municipal Judge in lieu of making a personal appearance at the hearing.
G. Court Approves Impound: If the Municipal Judge finds that the impoundment of the vehicle was proper, the Municipal Judge shall enter an order supporting the removal and shall find that the owner or person entitled to possession of the vehicle is liable for usual and customary towing and storage costs plus the impoundment fee. The Municipal Judge may also find the owner or person entitled to possession of the vehicle liable for the costs of the hearing.
H. Court Disapproves Impound: If the Municipal Judge finds that impoundment of the vehicle was improper, the Municipal Judge shall order the vehicle released to the person entitled to possession and shall enter a finding that the owner or person entitled to possession of the vehicle is not liable for any impound fee, towing or storage costs resulting from the impoundment. If there is a lien on the vehicle for towing and storage charges, the Municipal Judge shall order it paid by the City.
I. Setting Fees: The amount of the impound fee referred to in subsection C of this Section and the amount of the hearing fee referred to in subsection G above shall be set by resolution of the Council. (Ord. 615, 3-1-1994)
J. Lien: A person who, at the request of a police officer, takes a vehicle into custody under subsection A of Section 6-2-10 or the City if it retains custody of the vehicle, shall have a lien on the vehicle and its contents for its towing and storage charges as provided in subsection I of Section 6-2-10, may retain possession of the vehicle and its contents until the charges are paid, and may sell the vehicle and its contents at public auction to satisfy the lien. The lien that attaches to the vehicle and its contents shall be foreclosed as authorized by Oregon lien law. (Ord. 638, 2-6-1996)
K. Cumulative Remedies: Impounding a vehicle does not preclude issuance or enforcement of a citation for violation of a provision of Title 6 of the City Code. (Ord. 615, 3-1-1994)